upon and such lapses ignored. Noticing the
possibility of investigation being designedly
defective, this Court in the case of Dhanaj
Singh @ Shera ... into the hands of the investigating
officer if the investigation is designedly
defective.
23. Dealing with the cases of
omission and commission, the Court
prosecutrix. There is
no doubt that the investigation was casual and defective.
But despite these deficiencies both the courts below have
recorded a conviction ... into the
hands of the investigating officer if the investigation is
designedly defective. Any investigating officer, in fairness
to the prosecutrix as well
attempt on their
part to prepare reports and documents in a designedly defective
manner which would have prejudiced the case of the prosecution
and resulted
record, even on strict scrutiny, establishes the guilt. In cases of
defective investigation the Court has to be circumspect in
evaluating the evidence ... playing into the hands of Investigating
Officer if the investigation is designedly defective. Any
Investigating Officer, in fairness to the prosecutrix as well
learned counsel lastly contended that the investigation in the present case was defective since the Investigating Officer has not promptly recorded the statements ... hands of the Investigating Officer even if the investigation is designedly defective (see State v. Gurmit Singh
kept in view. The failure to conduct the identification parade is a defect of the investigation and it is the remissness on the part ... into the hands of the investigating officer if the investigation is designedly defective. In defective investigation, the only requirement is of extra caution by Courts
into the hands of the investigating officer if the investigation is designedly defective.
16. The same view was expressed by by Hon'ble Supreme ... hands of the investigating officer who may have kept the investigation designedly defective. Hon'ble Supreme Court said:
"The failure of the investigating
fault of the victim or the
witnesses. In the case of a defective investigation, the Court has
to be circumspect in evaluating the evidence more ... into the hands of the investigating officer if the
investigation is designedly defective.
13
Similarly the Public Prosecutor has not examined Dr.
Abhiram Behera, Professor
Hemant Garg @ Bittoo vs State on 20 February, 2014
Author: V.K.Jain
Bench: V
Tej Singh vs State on 27 February, 2020
Author: Sangita Dhingra Sehgal
Bench: Manmohan , Sangita
